Changing your name as an adult in Texas is a significant decision that involves a detailed legal process, but that process can be simple and easy with the assistance of an attorney. At Simple Texas Divorce, we offer a range of flat fee legal services, in addition to Divorce, for Texans, who have an agreed, or in the case of a name change for an adult, uncontested matter for the Courts.
Whether the reason behind the desire to change your name is marriage, divorce, personal preference, inability to renew or obtain a driver’s license or ID in the State of Texas, or any other reason, understanding the necessary steps and legal requirements is crucial.
This guide aims to demystify the process and illustrate how an attorney can be invaluable, and less expensive than you might think, in navigating the complexities of a name change in Texas.
Understanding the Legal Requirements
In Texas, the process for legally changing an adult's name is outlined in the Texas Family Code. The requirements are specific and must be meticulously followed to ensure a successful name change. Here are the key steps and legal requirements involved:
Petition Filing: The process begins with filing a Petition for Change of Name of an Adult with the district court in the county where you reside. This petition must include specific information, such as your current name, the name you wish to adopt, and the reason for the name change.
At Simple Texas Divorce, our licensed Texas attorneys will prepare the petition for you, and will either provide you with everything you need to finalize the name change yourself (Pro Se Option) or will file the petition, work with you to prepare for Court, and go with you to the final hearing to finalize your name change (Attorney Assisted Option).
Fingerprints and Background Check: Texas law requires that you provide a set of fingerprints with your petition, which will be used for a background check. This is to ensure that the name change is not being sought for fraudulent purposes or to evade legal responsibilities. The background check will verify your criminal history and ensure there are no legal reasons to deny the name change. This may include checking for outstanding warrants or pending criminal charges.
If you have questions about the Background Check, and whether that might interfere with your request for a name change, feel free to contact us.
Hearing: After the petition is filed and the background check is complete, a hearing may need to be scheduled, depending on the Court. If not required, an attorney from our office can draft and prepare an Affidavit on your behalf in lieu of an appearance. During the hearing or on the Affidavit, you may be required to testify and/or swear to the reasons for your name change and confirm that it is not being sought for illegal purposes.
Order for Name Change: If the judge approves your petition, they will issue an order for the name change. This legal document officially changes your name and can be used to update your name on all personal and legal documents, including your driver’s license, social security card, birth certificate, and passport.
How an Attorney Can Help
The process of changing your name in Texas, while straightforward on paper, can be complex and daunting. An experienced attorney can provide invaluable assistance in several ways:
Navigating Legal Procedures: Our attorneys at Simple Texas Divorce can help you understand the specific requirements and legal nuances of the Texas Family Code. They can ensure that your petition is correctly filed and that all necessary legal documents are in order.
Background Check and Legal Implications: Given the importance of the background check, an attorney can advise you on how your legal history might affect your petition and help address any potential issues before they arise.
Representation at the Hearing: At your hearing in Court, the Judge is not allowed to assist you in putting on the specific evidence to get your name change. Further, many people find it very intimidating to be standing, alone in front of a Texas District Judge. An attorney at your side will guide you step-by-step through the process and articulate the reasons for your name change and address any concerns the judge may have. Or, if the specific Court allows for finalizing by Affidavit, then one of our attorneys can help you draft the Affidavit, in lieu of an in-person hearing, and make sure everything gets properly filed with, and entered by, the Court.
Ensuring Compliance: An attorney can guide you through the process of updating your legal documents after the name change is granted, ensuring that you comply with all state and federal laws.
Addressing Complex Situations: If your name change is associated with other legal matters, such as immigration or criminal issues, an attorney with expertise in those areas can provide tailored advice and support.
Conclusion
Changing your name is a personal decision with legal consequences and requirements. While the process in Texas is designed to be thorough to prevent fraud, it doesn't have to be overwhelming. With the right preparation and legal support, you can navigate the process smoothly.
Hiring an attorney who understands the intricacies of Texas law can ensure that your name change is handled professionally and efficiently, allowing you to start your next chapter with confidence. At Simple Texas Divorce, we offer a flat fee, with no hidden cost, for an Adult Name Change and a free consultation to make sure that your name change will go as smoothly as possible.